In a two-hour "hearing" this morning, Steven Conklin once again had his requests to be heard denied, and had U.S. Bankruptcy Court Judge Mary France lift the automatic stay of the eviction proceedings in light of the filing by Conklin that stayed the eviction that was scheduled for January 23, 2012. Judge France also lifted any stay that was effected by the filing of Andy Ostrowski, and the lease he has with Conklin for Satori Farm, but recognized that the lease gave Ostrowski a possessory interest in the property for which separate state court proceedings would need to be initiated.
The theme of the "hearing" was again, "where is the due process?" Indeed, it was not a "hearing" at all, as that term is understood in a court of law, i.e., the orderly presentation of witness testimony and documentary evidence in accordance with the Rules of Evidence.
Ostrowski strenuously asserted that this is all he was requesting, and was prepared to proceed at all times, and he resisted Judge France's and the attorney for Grenen Brisic's efforts to extract information without being sworn in as a witness, and allowed to present evidence and cross examine witnesses on his own. This is requesting … Continue Reading ››

As Steve Conklin, his 84 year-old father, family, and around 50 friends from PCRLN and the occupy movement waited and worked in the cold rain and snow, saving whatever remnants of Satori Farm that could be loaded on trucks and put into storage that they could, word was received, about 2:10 p.m., that bankruptcy filings made this morning had automatically stayed the eviction. No court has granted relief at this point - it is a stay as a matter of law, and is expected to be addressed promptly. We expect that Conklin will be faced with eviction again soon.
Regardless of the thrust of this article - the fact that the eviction was put off - it was a truly inspiring to participate in the effort where those in attendance were united only by their humanity and sense of fairness that lay beneath all the things we experience as Americans, indeed as world citizens. Food was brought in, labor supplied, and the entire event was webcast live around the world, with viewers as far away as Sweden, France, and Denmark, and the support streamed in, and never let up among those in attendance. After the stay was announced, one of the … Continue Reading ››

In our Constitutional Law 101 article, we referenced the very simple analysis by which United States District Judge Robert D. Mariani could only reach one conclusion, a conclusion that most of us were first introduced to by the third grade – that in America, property cannot be taken without due process of law, which means a fair and impartial hearing before a fair and impartial tribunal. Steve Conklin had neither, not even an unfair hearing in a partial tribunal - he had none whatsoever, and his property is scheduled to be taken away, by force, Monday, January 23, 2012. The Supreme Court of the United States in a case called Hovey v. Elliot, 167 U.S. 409 (1897) instructs that this will be a lawless act. The new federal judge, and 30 year union attorney, is condoning and fomenting lawlessness by rogue state officials. This is the only conclusion that can rationally be reached under the law.
We talked in prior posts of the skepticism with which we viewed Mariani's eleventh hour grant of the second TRO on January 4, 2012, and the expressed skepticism was the most favorable spin we could put on the move, as there … Continue Reading ››

Once again, due to the prolific efforts of Steve Conklin, and his network of supporters, which is believed to include well over 100 American citizens reading this site, and the coverage of the Satori Farm saga on other sites as well, primarily through occupyharrisburg.org and judicial-corruption.net, who wrote and called Judge Mariani to ask him to stop the paramilitary eviction of Steve and his family, which has again been put off by a Temporary Restraining Order entered by Judge Mariani sometime last evening. A copy of the TRO followed by Steve's motion follow:
TRO January 4Conklin December 30 Motion for TRO
It is important for our mission that our readers do their best to read and understand the actual court filings and court orders and opinion that are attached, as providing the true context for every point made herein, and as a check on the bias on this site. Again, we think that the bias is supported by the facts, but respect the intellectual process of our readers to reach their own conclusions.
The "skepticism" expressed here is more ours than Conklin's at this point because the delay in deciding this matter, … Continue Reading ››

In what has been an ongoing saga that is increasing in scope, and widening in public support, Steve Conklin has sent a final impassioned letter to Judge Mariani, pleading with new federal judge to do something to stop the lawless eviction of Steve, his 84 year-old father, and others, from being forcefully removed from their premises tomorrow, January 5, 2012, at 2:00. p.m.. It is believed that the banks have a veritable force assembled t0 charge in and forcefully remove occupants from the premises. It may literally kill Steve's father. The story has been followed widely by members of the Occupy movement, with coverage at occupyharrisburg.org, and calls going out to the national organizations. We expect to have anywhere from tens to hundreds of people there to oppose and protest the lawlessness.
Judge Mariani appears to have had a duty to act long before now, but is sitting on seven motions filed by Conklin since the TRO was initially granted. Mariani granted the TRO on a finding that Steve and his family, primarily his 84 year old father, will suffer immediate and irreparable harm if the eviction is allowed to proceed, and there has nothing changed until now. Judge Mariani needs … Continue Reading ››

As we brought to you in previous posts, the forcible paramilitary eviction of Steve Conklin and, among others, his 84 year-old World War 2 veteran lifelong union railroad worker father, by the York County and Pennsylvania State law enforcement authorities, financed by the bank taking Satori Farm without a hearing, is scheduled for January 5, 2012 – it was scheduled while the ink on the prior TRO was still wet. In a flurry of docket activity, Conklin has placed the matter squarely back before new federal district Judge Robert Mariani, sworn in as a federal judge after a career as a labor attorney, in November, 2011.
Despite the prior and extensive filing that we brought to you from Conklin, Mariani has remained silent, and his prior TRO expired silently by operation of law on December 21, 2011, and no further action has been taken. These filings were linked in our Constitutional Law 101 post, and there they have sat.
On Friday, December 30, 2011, with the eviction scheduled for January 5, 2012, and Mariani sitting silent, Conklin filed for a new TRO, which presents a very clear and simple matrix of facts upon which Mariani is requested to act. Those facts, and … Continue Reading ››

Newly-appointed Pennsylvania federal District Judge Robert Mariani is getting the best education a new jurist could get – a real life lesson in what it means to have the fundamental right to not have property taken without due process of law. The res (property) at issue is Steve Conklin's farm, Satori Farm, in northern York County, as discussed in our December 6 Call to Action post.
Due process, in the courts, means hearings, or, more precisely, “notice and an opportunity to respond”. Notice is the “what must I defend against” and opportunity to respond is “what evidence do you have to support your claim”, and the hearing in court, or trial, if you will, is where the evidence is tested. That is the right every American citizen has under our Constitution before property is taken. That is “due process of law”.
Steve Conklin has placed that very simple, yet fundamentally important, issue directly in the hands of Judge Mariani, a lesson in constitutional law 101 for the new judge appointed for life. The essence of Steve Conklin’s claim before Judge Mariani is that he has never been provided with any hearing whatsoever; yet the York County Sheriff’s Office and State Police were … Continue Reading ››

We are pleased to bring you an update from our call for action that went out on December 5, 2011, to inform you that newly-appointed Middle District Judge Robert Mariana has granted a Temporary Restraining Order prohibiting the York County Sheriff from going forward with the forced eviction scheduled for December 8, 2011. It was the only right decision under the circumstances, and, while we do not feel it is incumbent upon us to thank judges for doing what is the only right and just thing, there is a certain appreciation that is expressed, under all the circumstances.
Judge Mariani set the TRO to expire on December 21, 2011, and has referred it back to Magistrate Judge Blewitt, who summarily denied Conklin's April, 2011 motion, for a report and recommendation on the request to make the TRO into a preliminary and perhaps permanent injunction. Mariani has not yet addressed the Motion for Recusal Coklin filed, and we will update you as these matters proceed. A copy of Judge Mariani's Order follows:
TRO Order
While Steve and his family are most certainly relieved of this urgent situation, it is no time to rest, and the efforts that are underway here must continue … Continue Reading ››